‘No Shortage of Evidence’ on Crimes Committed in Iraq by Da’esh, Special Adviser Tells Security Council, Noting Unified Repository of Digitized Information
Substantial investigative progress has been made into international crimes committed by Da’esh — including through digitization of physical evidence — the head of the United Nations team investigating that group’s crimes told the Security Council today, as speakers highlighted that accountability for Da’esh’s heinous crimes remains an important element of reconciliation in Iraq’s transition from conflict to stability.
Christian Ritscher, Special Adviser and Head of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/Islamic State in Iraq and the Levant (UNITAD), briefing the Council on the Team’s eighth report (document S/2023/367), said the purpose of UNITAD’s work in Iraq is to not simply establish a record for Da’esh crimes, but to hold that group’s members who committed such acts accountable. To achieve this objective, competent courts, admissible and reliable evidence and an appropriate legal framework are required, he said, adding that the Team works closely with competent investigative judges in Iraq.
Underscoring that “there is no shortage of evidence on [Da’esh]’s crimes in Iraq”, as that group was a large-scale bureaucracy that documented and maintained a State-like administrative system, he said UNITAD aims to ensure that this evidence is admissible before any competent court, whether in Iraq or in other States where prosecutions of Da’esh members for international crimes are taking place. Detailing UNITAD’s mega digitization project, he said that the Team is establishing a central archive — the unified repository of all digitized evidence against Da’esh — which will play a key role to support prosecutions of Da’esh perpetrators for their international crimes in Iraq.
In the ensuing debate, numerous Council members commended UNITAD’s progress in its investigative priorities, including the launch of new lines of inquiry on the development and use of biological and chemical weapons; the destruction of cultural and religious heritage; and crimes committed against different Iraqi communities. However, several speakers emphasized that handing evidence over to the law enforcement and judicial bodies of Iraq is a key part of UNITAD’s mandate.
While the number of attacks has decreased and its capability has been degraded, Da’esh “remains a critical threat in Iraq and globally”, said the representative of the United States. Accordingly, he highlighted UNITAD’s essential role in reducing this threat by supporting the Government of Iraq in repatriating Iraqi Da’esh members from detention centres in north-east Syria to face justice before national courts. Also, the Team can help other countries prosecute the thousands of Da’esh foreign fighters in detention centres in Iraq and Syria.
Adding to that, Gabon’s delegate said new digital evidence obtained on the use of biological and chemical weapons sheds light on the impact of such weapons. She welcomed the Team’s cooperation with Iraq’s judiciary, the use of innovative digitization technologies and the project to facilitate evidence visualization and analysis. “We need to […] collect as much evidence as possible so that once and for all we can establish the facts,” she asserted.
Meanwhile, the representative of China said: “We do not support linking the transfer of evidence to Iraq’s domestic laws or legislative process,” adding that when sharing evidence with third countries, UNITAD must obtain prior consent from the Iraqi Government and adhere to the principles of transparency and non-discrimination. He also highlighted that UNITAD was established as a temporary and transitional arrangement, not as a permanent body.
On that note, Brazil’s delegate underlined that the adoption of legislation in Iraq on core international crimes — enabling domestic courts to prosecute members of Da’esh for the most serious violations of international law — is a matter within Iraq’s sovereignty and domestic legal system. He encouraged the UNITAD to work constructively with the Iraqi authorities, including through timely sharing of evidence, to set a credible time frame for the completion of its mandate.
Rounding out the discussion, Iraq’s delegate commended UNITAD’s progress and underscored that its mission in archiving and storing evidence cannot be separated from the use of that evidence in the domestic legal context. Handing over evidence to the Iraq Government is vital to establish justice for the victims and to promote accountability globally. Reminding the Council that UNITAD was established at the request of Iraq, he warned that the delay in prosecution and trials may enable the escape of some terrorist elements who may find safe havens elsewhere.
At the outset of the meeting, the representative of the United Arab Emirates, Council President for June, invited those present to stand and observe a moment of silence to honour 50 victims among the peacekeepers who lost their lives in the 26 May attack against the African Union Transition Mission in Somalia (ATMIS).
The meeting began at 10:05 a.m. and ended at 11:42 a.m.
Briefing
CHRISTIAN RITSCHER, Special Adviser and Head of the United Nations Investigative Team to Promote Accountability for Crimes Committed by Da’esh/Islamic State in Iraq and the Levant (UNITAD), briefed the Council on that body’s tenth report (document S/2023/367) and the progress made over the past six months. Since the adoption of resolution 2379 (2017), UNITAD’s small team of fewer than 10 people has grown to about 150 United Nations staff members, along with 60 contractors and consultants. UNITAD now has eight specialized investigative units, has established a witness protection and support system, set up a forensic laboratory, established a specialized unit to assist the mass grave exhumation campaigns and the identification of human remains and built up a team that supports the digitization of millions of documents which are now in possession of the Iraqi judiciary.
Over the last reporting period, the Team has continued to expand through professional investigative work, pioneering criminal knowledge about Da’esh and addressing the concerns of each victim group of the Iraqi society, he said, highlighting his engagement with religious and tribal leaders, representatives of affected communities and survivors of Da’esh crimes. Accordingly, he drew attention to his visit to Taza Khurmatu earlier in 2023, while the town marked the anniversary of the Da’esh chemical attack against the population residing there and their agricultural land. Over the past months, the Team has intensified this line of inquiry into Da’esh crimes, providing specialized analysis on the remnants and materials that were recovered. Significant volumes of battlefield evidence were discovered, allowing the Team to identify persons of interest and establish links to potential senior Da’esh members.
Further, the Team has continued to advance its investigative work, covering Da’esh crimes against all affected communities and producing the full picture to expose the breadth of those crimes. This includes progress in its case-assessment reports on gender-based crimes and crimes against children, crimes committed against the Sunni population in Al-Anbar and against the Christian communities in Ninewa. Also, the Team’s investigations into Da’esh attacks against the Yazidi community and the Shia community continue.
He emphasized that the purpose of UNITAD’s work in Iraq is to not simply establish a record for Da’esh crimes, but to hold that group’s members who committed such heinous international crimes accountable. To achieve this objective, competent courts, admissible and reliable evidence and an appropriate legal framework are required. The Team already works closely with competent investigative judges in Iraq, who fully support its investigations. In turn, UNITAD is enhancing their capacities and ensuring that Iraqi courts are ready to hold Da’esh perpetrators accountable for their international crimes, when the moment comes.
On admissible and reliable evidence, he said that “there is no shortage of evidence on ISIL [Islamic State in Iraq and the Levant] crimes in Iraq”, as that group was a large-scale bureaucracy that documented and maintained a State-like administrative system. The main challenge is how the integral chain of custody for such evidence should be maintained. To this end, the Team aims to ensure that this evidence is admissible before any competent court, whether in Iraq or in other States where prosecutions of Da’esh members for international crimes are taking place.
Highlighting a mega digitization project via which UNITAD is assisting the Iraqi judiciary to organize and access considerable volumes of Da’esh records and battlefield evidence, he said 8 million pages of Da’esh documents from the holdings of the Iraqi authorities — including Kurdish authorities — have been digitized. As a next step, UNITAD is establishing a central archive that will be the unified repository of all digitized evidence against Da’esh, located at the Supreme Judicial Council of Iraq. This central repository will play a key role to support prosecutions of Da’esh perpetrators for their international crimes in Iraq. Moreover, it could be a milestone to founding a comprehensive e-justice system in Iraq, which can be upheld as a leading example, not only in the region, but also globally.
Also, he pointed out, UNITAD remains committed to supporting the Iraq-led process for the implementation of a legal framework that enables the prosecution of Da’esh criminal acts as international crimes — war crimes, crimes against humanity and genocide — before national courts. The establishment of a joint working group in March 2023, with the Office of the Prime Minister, the National Permanent Committee for International Humanitarian Law, the Iraqi State Council and senior members of the judiciary, as well as key parliamentarians, is an important step forward in this regard.
The Team is currently supporting 17 third-State jurisdictions, conducting witness interviews and providing expert testimonies and technical analysis in criminal proceedings against alleged members and supporters of Da’esh. Also, UNITAD can well contribute to solutions concerning the challenges of an effective repatriation of Iraqi nationals from camps in neighbouring countries. Accountability is an integral factor to sustain viable reconciliation, as is supporting accountability processes which can play a key role in encouraging Member States to repatriate their nationals and help resolve the complex situation in camps such as Al Hol.
However, UNITAD’s mission is not yet accomplished, he said, underscoring the need to convict Da’esh members on charges of international crimes, with the active participation of victims and survivors. “Without that, UNITAD’s mandate and purpose will not be fulfilled,” he asserted, adding that Da’esh’s criminality constitutes some of the most gruesome acts seen in recent history and individuals responsible for such acts must be identified, tried and convicted for their crimes.
Statements
FERGUS JOHN ECKERSLEY (United Kingdom), welcoming the establishment of the joint working group to explore pathways for the prosecution of international crimes inside Iraq, stressed that legal routes for information and evidence sharing must be built to support prosecutions. On UNITAD’s commendable and close collaboration with the Iraqi judiciary, including through its archiving and digitization project, he pointed out that this archive will enable Iraqi judges to draw on a much wider range of evidence when building cases and pursuing investigations, especially on the development and use of chemical and biological weapons. In that vein, the Team’s continued and enhanced cooperation with authorities can make a real difference in their efforts to deliver justice. Tackling the terrible legacy of Da’esh’s crimes against Yazidis, Christians and other minority groups in particular must be addressed. “We must not relent in our support for victims and survivors of Da’esh crimes,” he said, noting that his Government looks forward to working closely with Iraq and Council partners on supporting the Team’s important work in September’s mandate renewal. For its part, his country remains committed to joining Iraq, UNITAD and the wider international community in the pursuit of justice, he asserted.
HERNÁN PÉREZ LOOSE (Ecuador), stressing that impunity destroys social fabric, expressed support for UNITAD’s efforts to conserve and store evidence concerning the crimes perpetrated by ISIL/Da’esh in Iraq. This will enable that country’s authorities to move forward with the identification and prosecution of those responsible. UNITAD has made progress in the lines of inquiry relating to biological and chemical weapons, as well as to the destruction of cultural and religious heritage and to crimes perpetrated against various communities in Iraq, he noted. This was made possible by cooperation with multiple stakeholders including religious leaders, groups of survivors and non-governmental organizations, he said, also welcoming the digitization of physical evidence. Urging UNITAD to bear in mind the needs of the victims and survivors and their families, he stressed the importance of a victim-centred and gender-sensitive approach. Effective cooperation with Iraq’s Government, its judiciary and law enforcement bodies is pivotal, he said, also underscoring the need for cooperation between UNITAD and other agencies of the Organization in order to ensure coherence across the United Nations system.
JOÃO GENÉSIO DE ALMEIDA FILHO (Brazil) said that the adoption of legislation in Iraq on core international crimes would constitute important progress in enabling domestic courts to prosecute members of Da’esh for the most serious violations of international law. This is a matter within Iraq’s sovereignty and domestic legal system, which can benefit from technical support from UNITAD. Noting that UNITAD’s reports acknowledge that the Team has provided foreign countries with expertise and information — including evidence collected in Iraq — he expressed hope that such sharing of evidence is being pursued strictly in agreement with the Iraq Government and within the limits of UNITAD’s mandate. The coming months will be crucial for any further extension of the Team’s mandate, and he stressed the importance of UNITAD’s timely sharing of evidence with the Iraqi authorities. Further, he encouraged the Team to work constructively with the Iraq Government to set a credible time frame for the completion of its mandate, which would reinforce UNITAD’s commitment to support the country’s efforts in holding members of Da’esh accountable.
FRANCESCA MARIA GATT (Malta), commending UNITAD for finalizing a preliminary case assessment on Da’esh’s crimes against the lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI+) community, stressed that such crimes underscore the importance of including persons of diverse sexual orientations, gender identities and expressions and sex characteristics in discussions on international peace and security. She also welcomed UNITAD’s continued investigation into sexual and gender-based violence and crimes against children, spotlighting the conclusion of an analytical report on sexual and gender-based crimes committed against members of the Shia Turkmen community. Noting UNITAD’s efforts to identify those most responsible for atrocity crimes through the building of targeted case files, she nevertheless stressed that the adoption of a domestic legal framework enabling the prosecution of international crimes is key to holding Da’esh perpetrators accountable. She therefore called on the Iraqi authorities to progress this legislation and welcomed recent steps towards this goal. She stressed, however, that such legislation must preclude the application of the death penalty, in line with United Nations best practices.
SHINO MITSUKO (Japan), asserting that terrorism cannot be justified on any grounds, called on the international community to work in unison towards its eradication. Since Da’esh still poses a threat to international peace and security, they must be held accountable for the acts they have committed — including war crimes, crimes against humanity and genocide. In that regard, UNITAD’s excellent work to support the Iraqi-led process underscores that the rule of law is key for consolidating international peace and security. She then voiced her hope that UNITAD’s lines of investigation will remain a priority and said that she expects that further investigations will lead to justice for victims and survivors. Investigative work into gender-based violence and crimes against children in particular bears particular importance for her Government in terms of punishing perpetrators, ending the culture of impunity and helping to eliminate gender-based violence. Mutual cooperation between UNITAD and the United Nations Team of Experts on the Rule of Law and Sexual Violence in Conflict, along with other relevant entities, should continue, she encouraged, also underlining the importance of close cooperation with the Iraq Government and the Kurdistan Regional Government.
DIARRA DIME LABILLE (France) — welcoming, among other things, UNITAD’s actions on the ground alongside national and local authorities and the progress which has been made — pointed out that digitization efforts must continue to avoid the loss or degradation of evidence. UNITAD’s engagement with Iraqi civil society through dialogue has notably made it possible to gather essential testimony, advance investigations and shed light on the scale and severity of Da’esh crimes. In that regard, France welcomes the enhanced collaboration with Iraq’s Government and the efforts to raise awareness of the mechanism’s mandate including through the training of judges. Iraqi authorities must continue their dialogue with UNITAD and all States, for their part, should support the Team’s work, she urged, spotlighting her Government’s voluntary cooperation and technical cooperation to that end. The fate of victims must remain the main concern, especially since the fight against impunity for all perpetrators is imperative for the stabilization, reconstruction and reconciliation of the Iraqi people as a whole. In that vein, her Government has established a joint investigation team with Sweden in January 2022 into the crimes committed against Yazidis and is cooperating with UNITAD.
DOMINGOS ESTÊVÃO FERNANDES (Mozambique), noting that Da’esh continues to pose a threat to international peace and security through terrorism and violent extremism, said that civilians, particularly women and children, are most affected by their activities. The investigation and prosecution of their crimes is crucial to protect victims and break the cycle of impunity. UNITAD’s work in the implementation of Council resolution 2379 (2017) is crucial to ensuring accountability, he said, pointing out that the means and resources available for the investigation must be adequate to the mandate. Stressing the importance of training for judges and prosecutors, he said that UNITAD must develop capacity-building activities in international law and criminal law. Encouraging the Team to cooperate with Iraqi authorities, he added that engagement with civil society is critical. Further, UNITAD must continue its constructive engagement with a variety of stakeholders, he said.
SERGEI A. LEONIDCHENKO (Russian Federation), stressing the importance of combating terrorism, expressed hope for the prompt identification of all cases of the use of chemical and biological weapons in Iraq. “This is not limited to the territory of Iraq”, he said, noting that the systemic practice of the use of chemical weapons by Da’esh — which has its own chemical programme — could not have left neighbouring Syria unscaled. He further underscored that the job of combating impunity for members of Da’esh does not begin and end with gathering evidence. Accordingly, he reminded UNITAD of a key part of its mandate — handing this evidence over to the law enforcement and judicial bodies of Iraq, as stipulated in resolution 2379 (2017), which specifies that the Iraqi authorities are the primary recipients of the evidence gathered by the Team. He called on UNITAD to not ignore its mandate and give Iraq access to this evidence for a prompt launching of the process of holding perpetrators to account.
ANNETTE ANDRÉE ONANGA (Gabon), condemning all acts of terrorism, reaffirmed her Government’s unwavering support to the Council on preventing the proliferation and use of chemical weapons. The accountability mechanism established in Iraq makes it possible to fight impunity and guarantee justice for affected local communities, she pointed out, noting that the search for evidence is the result of a long process involving multidisciplinary experts, judiciary institutions, civil society and witnesses. In that regard, putting in place a comprehensive framework for evidence gathering is essential as is ensuring sensitivity to local populations’ cultures and languages. Moreover, mutual cooperation and assistance with the Government will make it possible for courts to be involved. New digital evidence obtained on the use of biological and chemical weapons notably sheds light on the impact of such weapons and elucidates the material damages they have caused, she continued. She then welcomed the cooperation with Iraq’s judiciary, the use of innovative digitization technologies and strategies and the project to facilitate evidence visualization and analysis. “We need to adopt an inclusive approach to collect as much evidence as possible so that once and for all we can establish the facts,” she underscored.
JEFFREY DELAURENTIS (United States) said that, as Iraq continues its transition from conflict to stability and prosperity, accountability for Da’esh’s heinous crimes remain an important element of reconciliation and rebuilding. He welcomed the reports of continued development of case files and the expanding circle of crimes UNITAD is investigating, including the documented use of chemical weapons by Da’esh. Also, the Team’s training programmes on evidence management and forensics will pay dividends in the future. He encouraged the Government of Iraq to adopt legislation on international crimes, notably genocide, war crimes and crimes against humanity, as well as to take steps necessary to ensure prosecutions against Da’esh members that respect minimum fair trial guarantees and legal protections. While the number of attacks has decreased and its capability has been degraded, “ISIS [Islamic State of Iraq and Syria] remains a critical threat in Iraq and globally”, he asserted. One mechanism to reduce this threat is to further support the Government of Iraq in repatriating Iraqi Da’esh members from detention centres in north-east Syria to face justice before national courts. UNITAD will play an important role in this process, he added. Similarly, the Team can help other countries prosecute the thousands of Da’esh foreign fighters in detention centres in Iraq and Syria which are inherently unstable and pose considerable security risks.
ARIAN SPASSE (Albania) said that UNITAD’s cooperation with the Iraqi authorities and with national judicial authorities remains indispensable to enabling national justice systems to prosecute those responsible for financing, supporting and executing terrorist actions worldwide. Further, legal proceedings to ensure accountability for atrocity crimes committed in Iraq constitute positive steps towards ending impunity and serve as an example for the world. He noted that these commendable developments are occurring in a challenging environment — “which makes them even more remarkable” — expressing concern over continuing insecurity in Iraq. Da’esh continues to be a serious threat across the Middle East and Africa, he observed, which demonstrates the need for global cooperation and coordination “to eradicate it for good”. Underlining the need to ensure full accountability for serious crimes, he stressed that the fight against impunity must fully adhere to international humanitarian and human rights law. He also encouraged UNITAD and the Iraqi authorities to redouble their efforts in bringing the perpetrators of sexual and gender-based crimes against women and children to justice.
CAROLYN ABENA ANIMA OPPONG-NTIRI (Ghana) welcomed that UNITAD made significant progress in its investigative priorities during the reporting period, including the launch of new lines of inquiry on the development and use of biological and chemical weapons; the destruction of cultural and religious heritage; and crimes committed against different Iraqi communities. Progress relating to investigations into the financing of Da’esh’s crimes and into crimes against children is also encouraging. She also acknowledged the Team’s efforts to digitize physical evidence, which is vital for preserving the records of Da’esh’s international crimes in Iraq and shaping the path towards securing justice for the same. Urging UNITAD to continue working closely with the Iraqi authorities to move the accountability process forward — particularly through the timely transfer of evidence — she reiterated that continued cooperation between those entities remains vital in the collective quest for accountability. The Team’s support of ongoing investigations and prosecutions in national jurisdictions also contributes to fostering universal accountability, and she supported the call for UNITAD to continue to strengthen its ability to support domestic proceedings in line with its mandate.
RICCARDA CHRISTIANA CHANDA (Switzerland), underlining the importance of accountability and justice in preventing atrocity and sustaining peace, said that effective cooperation with the Iraqi Government and national partners is indispensable. While her Government welcomes the establishment of the joint working group to implement a national legal framework, it is opposed to the death penalty in all circumstances. That punishment is not only incompatible with respect for human rights and dignity but is also an ineffective deterrent which does not prevent crime, violent extremism and terrorism. On UNITAD’s approach, she emphasized the need to continue integrating a gender perspective, especially since sexual and gender-based violence continues to be used as a terrorist tactic throughout the world. Such crimes committed by Da’esh — which are numerous, well documented and horrifying — continue to profoundly affect survivors, their families and entire communities. Those affected, particularly children, must receive adequate support, she advocated, stressing that their rights, their protection and the prevention of such crimes must be at the heart of the Council’s collective efforts. Turning to the investigations into the destruction of cultural heritage, she encouraged the development of an expanded investigation plan with the United Nations Educational, Scientific and Cultural Organization (UNESCO), non-United Nations entities and the Iraqi authorities.
GENG SHUANG (China), welcoming UNITAD’s new discoveries relating to destruction of cultural heritage and development of biological weapons by Da’esh, commended the Teams’ active assistance to Iraq’s judicial system. The substantial evidence collected so far should translate into actions to hold perpetrators accountable, he said, adding that this represents the “last mile”. “We do not support linking the transfer of evidence to Iraq’s domestic laws or legislative process,” he said, adding that when sharing evidence with third countries, UNITAD should obtain prior consent from the Iraqi Government and must adhere to the principles of transparency and non-discrimination. Also highlighting that UNITAD was established as a temporary and transitional arrangement, he said it is not intended as a permanent body. Noting that 2023 marks the fifth anniversary of UNITAD’s establishment, he said it must engage in full consultations with Iraq to promptly develop a completion strategy, including a time frame. The international community should continue to support the country in strengthening its counter-terrorism capabilities, he said, adding that countries should also cooperate with Iraq in dealing with the issue of foreign terrorist fighters.
MOHAMED ISSA ABUSHAHAB (United Arab Emirates), Council President for June, speaking in his national capacity, underlined the need to continue holding criminals accountable and set an example. In that regard, he called for expanded investigations into organizational and financial structures to uncover additional leads on perpetrator’s identities. To support such efforts and the continued investigations into the most serious international crimes, including those targeting women and children, UNITAD should share evidence with Iraqi authorities in a timely manner in accordance with Council resolution 2651 (2022). Results should support other efforts being undertaken by the Government to achieve justice for victims, he said before welcoming the formation of the joint working group. For its part, the Council must remain seized of the issue of evidence sharing and ensure all efforts to that end. Moreover, UNITAD’s efforts to support the prosecution of criminals affiliated in third-States must be carried out with full and advanced coordination with Baghdad. In commending UNITAD’s endeavours to build Iraq’s judicial and security capacities, its digitization of evidence and its use of advanced technologies, he stressed the need to transfer knowledge to Iraqi experts through their increased appointments within UNITAD’s core teams.
SARHAD SARDAR ABDULRAHMAN FATAH (Iraq), expressing gratitude for all international efforts to support counter-terrorism and prosecution of terrorists in his country, said UNITAD has opened new lines of inquiry and followed up on previous lines of inquiry, in cooperation with the national authorities. Welcoming its progress in the preliminary investigations into the use of chemical and biological weapons, he highlighted the excellent work done regarding the digitization of evidence. He also drew attention to the establishment of a joint working group with legal experts and parliamentarians to discuss the adoption of domestic international crimes law. The Team must build on these achievements by presenting its evidence to Iraq’s judicial authorities for prosecution in the country’s courts, he underscored. Stressing that the Team’s mandate is to present the evidence to Iraq, he said its mission in archiving and storing evidence cannot be separated from the use of that evidence in the domestic legal context. Calling for immediate practical measures to deliver the evidence to the Iraqi Government, he said this step is vital to establish justice for the victims.
Reminding the Council that UNITAD was established at the request of Iraq, he said the delay in prosecution and trials may enable the escape of some terrorist elements who may find safe havens elsewhere. Noting the increased number of trials in States that have received refugees that included Da’esh leaders, he said that handing over evidence to Iraq is crucial for promoting accountability globally. Sharing evidence obtained by UNITAD with the support of Iraq’s Government must take place only with the prior knowledge and consent of Baghdad, he stressed. Calling for a clear mechanism for receiving such consent, he said the next report must include details of that process. Reiterating commitment to cooperate with the investigative teams, he expressed appreciation to the friendly States who have supported Iraq in fighting terrorism and ensuring accountability.